The Forensic Science Service Trading Fund Order 1998

Made: 16th December 1998

Coming into force: 1st April 1999

Now, therefore, the Secretary of State in exercise of the powers conferred on him by sections 1, 2, 2AA(1), 2A(1), 2C(1) and 6(1) of the 1973 Act, and of all other powers enabling him in that behalf, with the concurrence of the Treasury, hereby makes the following Order:

Citation and commencement

1

This Order may be cited as the Forensic Science Service Trading Fund Order 1998 and shall come into force on 1st April 1999.

Establishment of the fund

2

• (1) As from 1st April 1999, there shall be established a trading fund to be known as the Forensic Science Service Trading Fund (hereinafter referred to as “the fund”).

• (2) All operations of the Home Department known as the Forensic Science Service, which operations are more particularly described in Schedule 1 to this Order, shall be financed by means of the fund.

Source of loans

3

The Secretary of State for the Home Department is hereby designated as the source of issues to the fund by way of loan.

Assets, liabilities, reserves and public dividend capital

4

• (1) The Crown assets and liabilities set out in Schedule 2 to this Order shall be appropriated as assets and liabilities of the fund.

• (2) 2 per cent of the amount by which the values of the assets exceed the amounts of the liabilities shall be treated as a revaluation reserve in the accounts of the fund, and the reserve so treated shall be maintained as a revaluation reserve.

• (3) 50 per cent of the balance of–

• (a) the amount by which the values of the assets exceed the amounts of the liabilities, less

• (b) the amount to be treated as a revaluation reserve in accordance with paragraph (2) above,

shall be treated as public dividend capital of the fund.

Maximum borrowing etc.

5

The aggregate of the following shall not exceed £40,000,000

• (a) the total outstanding at any given time in respect of amounts issued to the fund under section 2B of the 1973 Act (other than as originating debt), and

• (b) the total at that time constituting public dividend capital issued to the fund under section 2A(2A) of that Act.

SCHEDULE 1 — FUNDED OPERATIONS

The operations of the Home Department known as the Forensic Science Service are:

• (a) the provision of scientific support to the investigation of crime and expert evidence to the courts;

• (b) the exploitation of technical advances through research and development, and other means as appropriate, in the field of forensic science;

• (c) the provision of services in wider markets, including outside the United Kingdom, relating to scientific support to the administration of justice;

• (d) operations incidental, conducive or otherwise ancillary to the foregoing.

SCHEDULE 2 — ASSETS AND LIABILITIES APPROPRIATED TO THE FUND

Assets

Land and buildings, as at 1st April 1999, used or allocated for use in the funded operations.

Plant, equipment, facilities, vehicles, fixtures, furniture, fittings and computer hardware and software, as at 1st April 1999 used or allocated for use in the funded operations.

Intangible assets, including intellectual property and information databases, arising from the funded operations as carried on up to 1st April 1999.

Current assets as at 1st April 1999 used or allocated for use in, or arising from, the funded operations.

Liabilities

Creditors and accruals, as at 1st April 1999, in relation to the funded operations.

Signed

Jack Straw — One of Her Majesty’s Principal Secretaries of State — 1998-12-16

We concur,

Jane Kennedy — Bob Ainsworth — Two of the Lords Commissioners of Her Majesty’s Treasury — 16th December 1998

Explanatory note

(This note is not part of the Order)

This Order provides for the setting up as from 1st April 1999 of a fund with public money under the Government Trading Funds Act 1973 (“the 1973 Act”) for the operations of the Home Department known as the Forensic Science Service. It designates the Secretary of State for the Home Department as the authorised lender to the fund.

The Order also specifies the assets (estimated at £44,000,000) and liabilities (estimated at £10,000,000) which are to be appropriated to the fund and provides for a proportion of the difference in value between those assets and liabilities to be treated as a revaluation reserve and for a further proportion of that difference to be treated as public dividend capital of the fund. The Order provides that the aggregate of the total amount paid to the fund by way of loan (other than as originating debt), and the total amount issued to the fund as public dividend capital under section 2A(2A) of the 1973 Act, is not to exceed £40 million.

Footnotes